Nutter v. Chesapeake & Ohio Railway Co.

Maxwell, Judge:

Plaintiff as administratrix brought suit in the circuit court of Summers County to recover of the defendant company and J. W. Estep, its engineer, $10,000 for the death of her husband. .There was a directed verdict for the defendants. Writ of error followed.

Plaintiff, her husband and their four children came to the flag station of Long Bottom about 5:00 a. m., May 21, 1931, for the purpose of boarding train No. 7, westbound. There was a mist of rain and they sought shelter in a shed maintained by defendant company for the convenience of its passengers. Upon hearing a locomotive…